Sunday, 09th November 2014
By Camelia Nathaniel
The Indian Central Government’s Tribunal on the extension of the ban on the LTTE has reserved orders in the case, after hearing counsels for the Central and Tamil Nadu governments and the Marumalarchi Dravida Munnetra Kazhagam (MDK) leader, Vaiko, who testified for the LTTE.
Just before the United Peoples’ Alliance (UPA) resigned from office to make way for the Bharatiya Janata Party (BJP) for forming the government at New Delhi following parliamentary elections, the Government of India extended the ban on the LTTE, this time for five years instead of the normal two years since the ban was first imposed in 1992.
The LTTE was banned a year after the assassination of former Indian Prime Minister Rajiv Gandhi by a suicide bomber at Sriperumbhudur, 40 km from Chennai on May 21, 1991.
Delhi and Chennai seek continuation of ban
The tribunal headed by Delhi High Court judge G.P.Mittal, was told by the Counsels for the Central and Tamil Nadu governments that: “as per documents and oral evidence, the LTTE continues to practice violent, disruptive and unlawful activities which are prejudicial to the territorial integrity and sovereignty of India.”
They further stated that despite a continuous ban on the LTTE since 1992 in India, its activities continue to pose a threat, and are detrimental to the sovereignty and territorial integrity of India directly or indirectly through pro-LTTE organisations. The LTTE and pro-LTTE organisations are still active in Tamil Nadu.
Simultaneously, the Tamil Nadu government is pursuing a sedition case against Vaiko. On Friday, he appeared before the III rd. Additional Sessions Judge in Chennai in a case relating to a pro-LTTE speech he made on October 21, 2008. Vaiko’s counsel cross examined the State Intelligence Branch (Q Branch) Inspector Manivannan.
Ban illegal and unjust, says vaiko
In his submission to the Central government Tribunal on October 27, Vaiko, General Secretary of the pro-LTTE Marumalarchi Dravida Munnetra Kazhagam (MDMK) said: “Under the Prevention of Terrorism Act, a two-year, extendable ban was imposed on the LTTE in 1992. Subsequently, every two years, the ban had been extended. This year, under the same Act, a five year ban has been imposed. This is illegal and unjust.
The ban has rested on just one foundation, namely, the LTTE’s demand for an independent Tamil Eelam. There is no basis for the charge that the LTTE is asking for an independent Tamil Eelam. The charge can be demolished.
Since the concept of Tamil Eelam is at the root of the ban, it needs to be examined thoroughly. The term Eelam has been used from pre-historic times to refer to the places of Tamil habitation in the Northern and Eastern parts of the island of Sri Lanka. Sri Lanka is an island, in which two nations, namely, a Tamil nation and a Sinhala nation live. Till the end of the 16 th. Century, the Tamils were ruling themselves in a cultured manner. In 1619, the Portuguese captured the Tamil lands. In 1638, the Dutch seized the territory from the Portuguese. In 1796, the British captured the whole of the island and for their administrative convenience, brought the Tamil Desam (nation) and the Sinhala Desam under a single umbrella. “
He further stated that when the British left the country in 1948, they handed it over to the Sinhala nation. The sovereignty of the Tamils was disregarded. Ten lakh Indian Origin people were denied citizenship. Tamils were discriminated against in all fields of employment and made second class citizens. Kovils, churches and mosques were attacked and destroyed. The Jaffna Public Library was burnt to ashes, he charged.
“Under the leadership of the Gandhi of Eelam, SJV Chelvanayakam, the Tamils struggled in a non-violent manner. But in return they got baton charges and bullets .Their women were raped. Tamils seeking justice were killed. Because of these, the Tamils concluded that they could not live with the Sinhalese. The Tamils rallied under the leadership of Thanthai (Father) Chevanayakam and passed a resolution at Vadukkoddai on May 14, 1976, seeking an independent Tamil Eelam. This is not a movement to divide a country. It is a movement of the Tamils to regain their lost sovereignty.
I now read the main points in the Vaddukoddai resolution. It says: Ever since the Europeans left, successive Sinhala governments have been engaged in obliterating our language, our land, and our rights. Therefore, let us establish an independent Tamil Eelam which will comprise the Northern and Eastern Provinces of Sri Lanka. Its citizens will be Eelam Tamils living in other parts of Sri Lanka and overseas. This is the Magna Carta of the Eelam Tamils.
When the State unleashed armed repression, Eelam Tamil youth took to armed struggle. When the State itself is using arms to suppress a people, the people have to resist with arms. This was stated by Nelson Mandela in court. That is what Prabhakaran did. He took to arms to fight for the Tamils’ rights.”
Justifies verbal support for ltte
He further added that the Indian Central government is saying that the LTTE has not abandoned its goal of Tamil Eelam and that it is still propagating it. Attempts are made to secure support for it in Tamil Nadu also. “But what is wrong in doing so? Tamil Eelam is the goal of the Liberation Tigers. I think it is a lofty goal. What is wrong in verbally supporting it when one of the basic democratic rights is the freedom of expression? I supported the LTTE yesterday, am supporting it today, and will support it tomorrow.
For saying this at a public meeting, I was jailed for 19 months under the Prevention of Terrorism Act. While in prison, I filed a case in the Supreme Court and the court ruled that only indulging in terrorist acts is unlawful, and that speaking in support of a banned organisation is not.”
Eelam does not encompass Tamil Nadu
Vaiko also stated that the other question that is pertinent to the present case is the extent of Tamil Eelam. What is the area which constitutes Tamil Eelam? When LTTE leader Prabhakaran was delivering his annual Hero’s Day speech on November 27 every year, there would be a map of Eelam as the backdrop. The map he said showed the extent of Eelam. When one of LTTE’s commanders, Kittu was delivering the Hero’s Day address in Zurich, Switzerland, he recalled that a British aid worker asked him what a map of Eelam would look like. Kittu then pointed to red dots on a map of Sri Lanka (not a map of Asia or India), with each dot showing a place which had been bombed by the Sri Lankan armed forces or in which Tamil blood had been spilled. Kittu then told the British aid worker: “Join the dots and paint the enclosed area in color. That will be the map of Tamil Eelam, added Vaiko.
“Therefore, my submission is that the LTTE had clearly stated what they mean by Tamil Eelam. It does not include even a fist full of Tamil Nadu soil.
If the LTTE were seeking a Tami Eelam which included Tamil Nadu, would the Tamil Nadu State Assembly have unanimously passed a resolution calling for an independent Tamil Eelam? Would all the parties have supported a resolution calling for an independent Tamil Eelam including Tamil Nadu?”
Unfounded Indian fears
The Central government he said is saying that the LTTE should be banned because its supporters are propagating the view that India had helped Sri Lanka defeat the LTTE. This is laughable. “Apart from me, retired Supreme Court Judge V.R. Krishna Iyer had publicly criticised India’s approach to the Tamil question. At a meeting in Dublin, the Chief Justice of the Delhi High Court, Rajinder Sachar, had sought justice for the Tamils who were subjected to massacre. Kuldip Nayar and Arundhati Roy had criticised the Indian government. Did not President Rajapaksa himself tell the Sri Lankan parliament that it was with the help of India that Sri Lanka was able to win the war? How will these things endanger the Indian government?”
He added that the Central government cites danger to its top leadership from the LTTE.
Security of leaders does not come under the ambit of the Unlawful Activities Prevention Act. The Tamil Nadu police say that certain Tamil Nadu organisations like the Tamilar Pasarai, Tamil Nadu Viduthalai Padai and Tamil Nadu Viduthalai Munnani are linked to the LTTE. “Have the police produced any evidence? No! The Central government says that the LTTE has connections with Kashmiri militants. This is a white lie. I emphatically say that there is no such link.
The police produced six people who had supposedly confessed to being members of the LTTE.
But these confessions had been made only to the police. It has been the practice of the Tamil Nadu police Q Branch (intelligence and anti-terrorist unit) to write up confessions themselves.
Tamils live in many parts of the world; he said adding that there are 70.5 million in Tamil Nadu. What happened in Sri Lanka was genocide.
Lakhs of unarmed Tamils, children, women and old people were massacred. If you read the report of the three-man Darusman panel, set up by UN Secretary General Ban Ki-moon, even the hardest heart will be shaken, said Vaiko.
LTTE is only using diplomacy
In 2009, the Liberation Tigers announced the silencing of their guns. From then on, they have been using diplomacy and propaganda to gather support for their goal. Because of the ban on the LTTE in India, Sri Lankan Tamils are not able to come to Tamil Nadu even though other countries give them shelter. The police here dub Sri Lankan Tamils as LTTE, and foist false cases against them. Under these circumstances, can LTTE members enter India? questioned Vaiko.
“I am an LTTE supporter .The case against the LTTE exists because of me and other supporters of the LTTE.
That is why I have appeared before you to make my submission. Since I have demolished the basis on which the LTTE has been banned, it is not fair to keep the ban any longer.
The ban against the LTTE is contrary to law and justice.
Therefore I appeal to Your Lordship not to confirm the ban on the LTTE and render justice,” he said.
